These General Terms and Conditions are valid for all offers, budget outlines, agreements, deliveries, deployments, performances, services and work done by BaseWorx associates, based in Amsterdam, hereinafter referred to as Contractor, performed for client / customer and any successor(s).
Giving oral and / or written assignment, or making use of the recommendations, job execution plan, deployment, or services, set out in the offer or budget outline will make the relevant offer / budget outline accepted by client and will be considered as an agreement, and will make client bound by the General Terms and Conditions of Contractor. Client is personally liable for the fulfillment of the resulting obligations to Contractor. General (purchasing) conditions of client / customer are only valid if confirmed in writing by Contractor.
Contractor is committed to absolute confidentiality regarding the information obtained about the project, the company as well as the related persons, directly as well as indirectly.
4. Info Factor
Work performance is based on information provided by the client. Client ensures that the provided information is completely accurate and quite useful for the execution of the job or activities. The performance of the work described in the offer / budget outline or agreement has to be seen as a best efforts obligation, resulting from the information provided by the customer / client.
5. Progress and Term
To carry out the work according to schedule client will ensure timely provision of the necessary information and, where appropriate, access to relevant persons. The duration of the work shall be the period indicated in the offer, budget outline or agreement. When completion is not possible, within the prescribed period automatic renewal will take place without further notice if not indicated otherwise.
6. Change and Extension
If during the term of the work performance, unforeseen circumstances arise of such nature that it can be considered as an extension or change of the job, different from the work volume that was anticipated in the initial agreement, the extra work volume will be calculated following the same rates as arranged in the initial agreement.
7. Delivery and Completion
Delivery of the work takes place in accordance with the in the offer / budget outline or agreement specified parts or stages. Work will be charged related to these parts or stages. The contract is considered completed with the delivery of the last part or stage.
Contractor cannot be held liable for shortcomings, defects or errors of the delivered work, if or when these are or can be the result of the provided job information or provided materials by the client, not for direct damages and not for consequential damages.
Client / customer will not at the same time, for the same job, subject matter, purpose or problem involve, hire or engage a same or similar agency without prior written notice to Contractor.
10. Intellectual Property
All by Contractor applied methods, working models and concepts are considered intellectual property held by Contractor. Copying is not allowed. To client / customer is transferred only the right to use the applied methods, working models and concepts for the purpose specified in the contract, budget outline or agreement. Use for other purposes or use elsewhere or handing over to a third party is not allowed.
If the assignment is provided by two clients together or a team, all customers / clients are severally liable for the fulfillment of the remuneration obligation whatever the name may be of the client on the agreement. Cancellation or termination of the contract, after starting work, or during the period of implementation, from any cause or for any reason whatsoever, or the existence of any dispute after delivery does not relieve the obligation to fulfill the agreement and gives no right to decline payment of the fee, or withholding or deferral of full payment of the agreed remuneration.
If no full payment of the fees charged will follow within the stated deadline(s) Contractor will be immediately entitled to compensation for loss of interest of 1% per month. All costs of bringing any collection and legal aid are borne by the client / customer with a not to reduce prone minimum of 15% of the amount concerned with maintaining law all costs in and out of court charge.
Deviations from these General Terms and Conditions are only valid if agreed in advance in writing. These General Terms and Conditions are governed by Dutch law. Disputes arising between the parties shall be settled by the competent court in Amsterdam.